COUNTRY PAPER CRIME, JUSTICE AND SECURITY SYSTEM

Transcription

1 REPUBLIC OF MAURITIUS MINISTRY OF FINANCE AND ECONOMIC DEVELOPMENT STATISTICS MAURITIUS COUNTRY PAPER CRIME, JUSTICE AND SECURITY SYSTEM February 2013 A report prepared in compliance with the World Bank s General Data Dissemination System recommendations, giving an overview of the Crime, Justice and Security System.

2 Contact person: Ms Naigee Guillaume (Statistician) Statistics Mauritius Tel: Extension 1595 (Police) : (Judiciary) : (Prison) : (Probation) [email protected] : [email protected] February 2013

3 Table of contents CHAPTER 1 CRIME, JUSTICE AND SECURUTY SYSTEM (CJS) Introduction The Crime and Criminal Justice System The Crime, Justice and Security Statistical System Statistics Mauritius Definition and classifications References and manuals used 6 CHAPTER 2 THE MAURITIUS POLICE FORCE Introduction Duties and responsibilities Institutional framework and accountability Structure Methods of data recording Automation Data collection and publications Indicators Metadata 20 CHAPTER 3 THE JUDICIARY Introduction Responsibility of the Judicial System Institutional framework and accountability Structure Composition and Criminal Jurisdiction of the Supreme Court The Judicial Committee of the Privy Council Structure and Establishment of the Lower Judiciary - Subordinate Courts Methods of data recording Automation 30 1

4 Data collection and publication Indicators Metadata 32 CHAPTER 4 MAURITIUS PRISONS SERVICE Introduction Duties and Responsibilities Institutional framework and accountability Structure and Composition Methods of data recording Automation Data collection and publications Indicators Metadata 41 CHAPTER 5 PROBATION AND AFTER-CARE SERVICE Introduction Duties and responsibilities Institutional framework and accountability Structure and composition Method of Data recording Automation Data collection and publication Indicators Metadata 51 ANNEX 1. The National Criminal Chart 2. Mauritius Police Force forms and registers 3. The Judiciary forms and registers 4. Mauritius Prisons Services forms and registers 5. Probation and After Care Services forms and registers 2

5 Country paper on CJS 2012 Chapter 1 Crime, Justice and Security System (CJS) 1.1 Introduction This report, prepared in compliance with World Bank s General Data Dissemination System recommendations, gives an overview of the Crime, Justice and Security System of Mauritius with regard to the main institutions involved, namely: The Mauritius Police Force (MPF) The Judiciary The Mauritius Prisons Services (MPS) The Probation and After-Care Services It also describes the statistical system of each of these institutions. 1.2 The Crime and Criminal Justice System The present crime and criminal justice system in Mauritius is an adaptation of the British model as the country was a British colony until its independence in It is illustrated in the National Criminal Flowchart at annex. 1.3 The Crime, Justice and Security Statistical System Justification Having a good crime, justice and security statistical system for the production of reliable statistics is part of the framework of the modern Mauritian state. The government, for effective decision making, needs to know: What is happening in the country (e.g. level of crime rate) How law enforcement agencies are coping (e.g. ratio of police to population) What is likely to happen in the future (forecasting) Foreign governments and other international organization also need to know the facts for the comfort of their diplomats, citizens and tourists. The public and potential business investors need to be assured of the safety of themselves and their investments. It is also important to ensure that these statistics are published timely; be available for public commentary by the press and media

6 Country paper on CJS World Bank recommendations In the context of this framework, the Mauritian Government sought and obtained technical assistance from the World Bank to improve its CJS statistical system As a result, Mauritius participated in the General Data Dissemination System project of the World Bank from 2007 to Experts, namely Professor Christopher Lewis and Mr Etienne De Fortier visited Mauritius and made the following main recommendations: Extend the coverage of statistics to the main CJS departments, Develop a National Criminal Flow Chart, and a standardised and harmonised list of definitions and classifications, Statistics Mauritius (SM) takes the lead to coordinate the statistical activities of the CJS departments through a high level steering committee and sub technical committees, SM is part of all discussions concerning development of the IT systems to ensure that reports are available as per statistical standards and definitions Implementation of the CJS statistical system To begin with, advocacy meetings were held at the managerial and operational level at the concerned institutions, and a data need assessment was carried out by SM. Also, in accordance with the above recommendations: i. A high level CJS statistical committee was set up with SM acting as coordinator and comprised high level Officers from the main CJS institutions mentioned above and from other stakeholders, for instance The State Law Office, The Law Reform Commission, The Director of Public Prosecution s Office and The Ministry of Information Technology. The mandate of the committee is: ii. the enhancement of statistical literacy; cooperation among the different CJS institutions in the production of effective and timely statistical information; while avoiding duplication of tasks for an efficient data production; ensure that the different IT Systems developed at the different institutions are compatible for sharing of information. Different technical committees meet at the different CJS departments to discuss the operational implementation of the recommendations

7 Country paper on CJS 2012 iii. In addition, a committee, led by SM and comprising officers from the abovementioned institutions as well as other major stakeholders, meets annually for the analysis of CJS data before its publication. 1.4 Statistics Mauritius Administrative data Furthermore, so as to maintain a dynamic system which responds to users needs, staffs of Statistics Mauritius (SM), headed by a Statistician, are posted at the different institutions. Consequently, the statistical system is regularly reviewed so as to ensure that statistical standards, concepts, definitions and classifications are being used and, to enhance harmonization, comparability and quality of statistics produced by the various institutions. The CJS units design collection tools to collect administrative data and intermediate IT system for the data processing. It publishes an Economic and Social Indicator and a Digest on Crime, Justice and Security statistics annually. The publications cover statistics from the MPF and also from the Judiciary department, the MPS, and the Probation and After-care Service, for the Republic of Mauritius Historical data To allow long trend analysis of crime, justice and security data, a historical series is also available on SM website Survey data Since 2004, SM is recurrently adding modules on safety and security in its Continuous Multipurpose Household Survey. The results of these surveys can be accessed on SM website. The following topics have been covered: - 5 -

8 Country paper on CJS 2012 Continuous Multi-purpose Household Survey Year of Survey Topic covered Publication Security measures for dwellings and vehicles 2. Victimisation for vehicle theft, burglary and personal theft Digest CJS Feeling of safety 2. Victimisation for vehicle theft, burglary and personal theft 1. Perception on police visibility and performance 2. Awareness of police campaigns against crime 1. Perception on crime level and its evolution 2. Victimisation for vehicle theft, burglary and personal theft Digest CJS 2007 Digest CJS 2009 Digest CJS Definition and Classifications Local definition and classification The definitions and classification used across the system (Police. Judiciary, Prisons and Probation and After-care), are based mainly on the Criminal Code Act A detailed glossary of terms can be accessed at the following website: The main definitions based on the Criminal Code Act 1838 are as follows:- Offences punishable by the law are: Crimes (Very serious offences, e.g. murder, rape, larceny with violence) Misdemeanours (Less serious offences, e.g. simple assault, simple larceny) Contraventions (Least serious offences, e.g. road traffic offences) International definition and classification To enable international comparison a conversion has been made between the local offences and international classification of offences of the UNODC. 1.6 References and manuals used Recommendation reports of the different workshops of the GDDS, Professor C. Lewis and Mr Etienne De Fortier. The UN Manual for the Development of a System of Criminal Justice Statistics (UNODC). The Manual for the measurement of Juvenile Justice Indicators (UNODC). The Victimization Survey Manual (UNODC)

9 Country paper on CJS 2012 Chapter 2 - The Mauritius Police Force 2.1 Introduction This chapter gives an overview of the Mauritius Police Force (MPF) and describes the current statistical system of the department. The forms used by MPF for records purposes mentioned in this report are annexed. 2.2 Duties and responsibilities The duties of the MPF are prescribed under section 9 of the Police Act of 1974 as follows:- Preserving the public peace Preventing and detecting offences Apprehending persons who have committed, or who are reasonably suspected of having committed offences Regulating processions and gatherings on public roads and in public places, or places of public resort Regulating traffic and preventing or removing obstructions from public roads Preserving order in public places and places of public resort, at public gatherings and assemblies for public amusement Assisting in implementing health, quarantine, customs and excise laws Assisting in preserving order in ports, harbours and airports Executing process issued by any Court Swearing information and conducting prosecutions Performing such other functions as may be conferred on Police officers under any other enactment The Police are also responsible for: The registration and licensing of firearms Firearms Act 1940 The issuing of driving licenses Road Traffic Regulations The checking of trade premises and enforcement of the Trade Industries Classification Act

10 Country paper on CJS 2012 The prevention and detection of illicit distillation of spirits Excise Act 1985 The enforcement of the law enshrined under the Dangerous Drugs Act 1986 The enforcement of laws relating to trade licenses, weights and measures The conduct of enquiries into the means of persons who appeal in forma pauperis The conduct of enquiries into Forest Law Contraventions The conduct of enquiries at the request of the National Transport Authority into the non renewal of motor vehicle licenses The conduct of enquiries into petitions of various nature Sentry duty over detainees admitted in hospitals for treatment 2.3 Institutional framework and accountability The MPF operates under the aegis of the Prime Minister s Office and is under the direct command of the Commissioner of Police who is assisted by Deputy Commissioners, Assistant Commissioners and Superintendents. Police stations report to Divisional Headquarters which in turn are answerable to the Police headquarters. MPF comprises around 11,000 police officers among whom about 75% are Police Constables and 10% are Police Sergeants. All administration orders emanate from the Police headquarter found at Line Barracks, Port Louis. 2.4 Structure There are 79 police stations, 13 police posts and 20 National Coast Guard (NCG) Posts spread around the Island of Mauritius, Rodrigues, Agalega, and St Brandon. Furthermore, there are 2 NCG Posts at La Cuvette and Flat Island attached to Grand Bay NCG and another 2 NCG Mobile Posts at Albion and Poste La Fayette. Police posts are mainly situated in hospitals, the Government House and the Central Market. For administrative purposes and in order to optimize operational efficiency, Mauritius is divided into Police Divisions as follows:- Metropolitan Port Louis North Division Metropolitan Port Louis South Division - 8 -

11 Country paper on CJS 2012 Northern Division Eastern Division Western Division Central Division Southern Division Rodrigues Division The different components of the Mauritius Police Force are:- Police Headquarters Criminal Investigation Division (CID), the Passport & Immigration Office, the Communications Branch, the Traffic Branch, the Stores Branch, the Pay Branch and other administrative branches Police Divisions, which cover the whole area of the country and are sub- divided into Police Station areas Special Mobile Force (Paramilitary Wing) Special Support Unit (Anti-Riot Police) Divisional Support Unit Anti Drug & Smuggling Unit National Security Service National Coast Guard which ensures the policing of the territorial waters of the country and its Exclusive Economic Zone Helicopter Squadron Central CID, which included the Scene of Crime Officers (SOCO) Unit, the Major Crime Investigation Team, the Technical Support Unit and the Fraud Squad Complaints Investigation Bureau (CIB) Emergency Response Service Crime Prevention Unit Road Safety Unit Police Medical and Scientific Unit Police Family Protection Unit, Brigade pour la protection des mineurs - 9 -

12 Country paper on CJS 2012 Airport Police Port Police Police Band Rodrigues Police (outer island) Agalega Police (outer island) Crime Intelligence Unit Police du Tourisme Police du Transport Brigade de Jeux 2.5 Methods of data recording Reported offences (Crimes & misdemaenours) When an offence is reported at a Police Station, the particulars of the offence committed are recorded in the Occurrence Book. The case is given an occurrence number which is also known as the O.B Number. The Occurrence Book contains the following fields:- Date/Occurrence Book No. Detail of occurrence (Name of victims/ offenders, age, gender, place, etc) Remarks (Action taken, Outcome, Any other remarks) Enquiry and Prosecution Enquiry is carried out by enquiring officers at the Police Station Level or at the Divisional CID or at the Central Criminal Investigation Department (CCID). When an enquiry has been completed, all documents related to the investigation are filed in the Folder PF 156 which contains the following enquiry documents and forms: PF 75 (extract of Occurrence book) Statement of accused party, complainant and witness Statement relating to the examination of spot Photograph of the scene of crime Plan preview of spot Statement of enquiry officer PF58 if offence committed is assault, rape or accident

13 Country paper on CJS 2012 NIP (Notice of intended prosecution) PF 19 or 20 for F.O and PF 15 in case of N.F.O PF15 contains details about the offender s previous conviction which are retrieved from the Crime Records Office (CRO) central data base. The case file is entered in the manual cause book in the Prosecution Office and the following fields are captured in the register:- Serial number and OB number Station PMP or letter Number Name of accuse Offence (s) Case No, Date lodged and Movement Prosecutors name Remark After enquiry After enquiry, all documents related to the criminal event are filed in the PF 156 and sent to the Divisional Police Prosecution Unit (PPU) or the Central Police Prosecution Office (PPO). Cases may be set aside on account of insufficient evidence, no offence disclosed, accused unknown, death of accused, etc. Otherwise, they are sent to Court for prosecution according to the gravity or category of offence and as decided by the Director of Public Prosecutions (DPP) After Judicial proceedings If the offender is convicted during the judicial proceedings, the convictions are recorded in Part B of the PF 19 or PF 20 where the following fields are captured:- OB Number Police Station Date of offence Date of conviction The Name of Court Cause Number

14 Country paper on CJS 2012 Offence under which convicted Section of law and Sentence Brief history of case The Registry of the Prosecution Office is updated and the case file is returned back to the police station where the occurrence book is updated (Remarks Column). The original of the PF 19 & PF 20 is also sent to the Crime Records Office (CRO) for record purposes. The CRO gives the case a CRO No. and enters the particulars of the conviction in the Master Registry. The software known as the Criminal Attribute Data Base (CADB date base) contains the following fields:- Name Date convicted Court, Cause Number CRO Number Age, Juvenile/Female New Habitual Criminal Number Habitual Criminal Reconviction Connected Serial Number Sentence Offence Dangerous Drug Personal Identification number CADB is also updated from the information available in the PF19 & 20 (for very serious offences) or in the PF 14 (for less serious offences). The manual recording in the Master registry is done in parallel with the automated system (CADB) as a measure of security Contraventions established When Police Officers establish a contravention, whether related to road traffic, environment or any other offence, it is recorded in the police station occurrence book with an OB number. Then a contravention case file PF 194 is filled in with particulars of the contravener. The fields available are as follows:- OB Number

15 Country paper on CJS 2012 Name, Age, Sex, Profession, Address Driving License Number National Identity Number Type of offence committed, date, place and time offence committed Particulars of vehicle Insurance policy The contravention can be established either through: Fixed penalty notice (FPN) whereby the contravener pays the fine directly to the cash office of the Judiciary within 21 days, and do not have to appear before a court, or Fixed Closed Circuit Television (CCTV) (e.g. speeding offences) whereby the contravener obtains a letter and is requested to pay the fine within a prescribed date, or Traditional mode for which enquiry is carried out. The case file includes the previous conviction of the contravener if he/she has any. After completion of enquiry and with the decision of the Superior Officer, the case file is sent to court for prosecution. After prosecution the case file is returned to the police station concerned where the contravention card index is filled in. Concerning road traffic offences, before the case is sent to the Prosecution Office, PF 194 which contains the following forms and documents are filed: PF 219 detail of license Detail of previous conviction Detail of vehicle Statement of driver Statement of police officer After prosecution, the conviction is sent to the police traffic branch for record purposes. The records of drivers together with their previous convictions, if any, are kept in a database developed on FOXPRO. The fields in the conviction records PF 219 are as follows:- Name, Date of birth Address

16 Country paper on CJS 2012 License Number National Identity Card number Type of Offence committed Court/ Cause no/ Date/ Penalty inflicted The data found on the computer system of the traffic branch are uploaded once every week on the database of the CRO, CADB system. Consequently, the information is available to all police stations found in the seven police districts. 2.6 Automation Currently, the computer softwares available at the police department are: Crime Occurrence Tracking System Criminal Attribute Database (CADB) Fingerprint Analysis & Criminal Tracing System (FACT) Statistics Software - FOXPRO based system Software at the Traffic Branch Section Microsoft Access The records are not linked and are primarily used for storage and for access to individual records for enquiry Crime Occurrence Tracking System (COTS) The COTS is a newly developed system and is at the implementation phase. It will contain records on: Details of cases from the reporting stage, enquiry, and prosecution to the disposal of the cases Particulars of offenders Particulars of victims CADB The CADB is linked to all police stations including Rodrigues but can be updated only at the CRO. It is used at the police stations to verify previous convictions of the accused and thereby filling PF 15. The following fields can be queried for any accused that has a previous conviction:- CRO number /OB number /OB date

17 Country paper on CJS 2012 Police station Conviction date Court number/cause number Sentence and sentence description Offence and Section of law Name, PIN, National Identity Card Number Date of birth Address (House number) CADB is updated only at the CRO from PF 19, 20 & PF14 which are obtained from the prosecution offices located all over the Island. At the police station, the Police Officer can only query the database for information about previous convictions and thereby filling the PF15. Each time the system is updated at the CRO, the entry is given a CRO No. together with a Personal Identification Number (PIN No.). Other menus available on the system are: Missing person details Stolen /lost vehicles Found vehicles Stolen/lost property Found property Every Saturday the system is uploaded with details from the Traffic Branch. The Traffic Branch has a similar database but is related only to Road Traffic offences and details obtained from the National Transport Authority. Fields related to the Traffic Branch are: Vehicle Registration Number Chassis Number Engine Number Frame Number, Model, Color Owners Name, Address, NIC, Date stolen, Date reported

18 Country paper on CJS FACT The FACT is a software linked with the CADB system and is used for matching fingerprints of suspects. PF 19 & 20 is scanned from Police Divisional Headquarters and is sent to the CRO where officers match the fingerprint and send results to be updated in PF19 & 20. After judicial proceeding, the Prosecution Officer sends the PF19 & 20 to CRO to update the database of the convicted person. If the judgement is dismissed, PF19 & 20 is not sent to CRO. The CADB is a database for convicted finger-printable offence only Statistic Software - FOXPRO based system The FOXPRO based system was developed by the State Informatics Limited for the CRO. Stations clerk fill up the forms PF A, B & C which are sent monthly to the CRO. The forms are monthly return of cases by type of offence reported. The Information on the form is eventually fed in the FOXPRO System. The computer system can display comparative monthly reports of cases by type of offence, police station wise, division-wise and island-wise. Fields captured on the system are: Type of offence Police Station Cases not taken to court/cases taken to court/ Untrue cases not taken to court Civil cases/false or doubtful cases/ Trivial cases/true cases not taken to court Number of offence committed Accused unknown/accused absconded Insufficient evidence Accused dead or insane No further action Pending investigation/at Station Police level/at enquiry Pool Level/At District CID level Traffic Branch (FoxPro) The Traffic Branch software is FoxPro base and was developed by Central Informatics System Division (CISD). It holds the records of all traffic license holders, bus conductors, previous conviction of drivers and conductors. The system also caters for

19 Country paper on CJS 2012 holding of appointments for oral and practical test. The system does not produce any statistics or reports but license cards/previous conviction can be printed. Daily appointment list regarding traffic test can also be produced. The various fields available are: - Driving License No Name/Address/Age Particulars of License held Convictions Appointment Dates ACCESS database (a) Police prosecution unit The Police Prosecution unit has a Simple Access System mainly used for case management. Statistics cannot be retrieved from the computerized system. The various fields available are:- PMP Number/Letter Number Date received Offence OB Number/Station Accused Name Victims Name Transit/Movement Result (conviction) (b) Anti-Drug and Smuggling unit (ADSU) The ADSU has a well developed Access System mainly used for case management and recording of offences and offenders records. Statistics are retrieved from the computerized system on request. Some of the fields available are:- Offence OB Number/Station Accused Name and other particulars Type, quantity seized and commercial value of drugs

20 Country paper on CJS Data collection and publications Mauritius Police force (MPF) Data are collected manually (paper forms) by the CRO from all police divisions/stations and police posts/units. They are compiled to produce statistics and reports for the following publications: The Annual Report of the Mauritius Police Force The Police Magazine The Threat Assessment The Force Control Strategy The Force/ Divisional Annual Policing Plans Monthly reports The monthly reports are used for analysis to feed the Force Strategic/Tactical Tasking and Coordination group meetings headed by the Commissioner of Police. The reports include data on reported cases by type of offence and status of enquiry, which can be broken down to island, police station and division levels. (a) Police Station level At the police station level, a manual system is used to compile data. Cases reported are entered in an Occurrence book by the Police Officers. They then refer to the Occurrence Book to fill up the following statistical cards:- Cases reported Crimes Misdemeanours Statistical cards used at police stations PF 130,131,132,133,134,134A PF 151,152,153,154,154A, 154B Contraventions PF 144,145, 147,148 Other Occurrences (other than offences, e.g. suicides) PF 149 The fields present and captured depending on the status of the case in the above mentioned forms are:

21 Country paper on CJS 2012 Serial Number/OB Number/Date Type of offence/ declaration Name of Accused/declarant/Sex/Age Date of Dispatch/Date of Decision by Deciding Officer Decision (Prosecuted or not prosecuted) No. of persons prosecuted Date of lodging in the Court Court Cause number Result of Prosecution Disposal of articles seized No. of persons convicted Details of conviction Action taken and Remarks The Station Clerks refer to the above mentioned cards to fill up the forms PF A, B & C which are eventually sent to the Crime Record Office for compilation of case statistics. They also fill in other forms either annually or quarterly or on an ad-hoc basis (parliamentary questions or other request from users). (b) Prosecution level At the Divisional Police Prosecution Offices and Central Police Prosecution Unit, statistics on number of persons coming into formal contact with the police (arrested and cautioned), number of persons prosecuted by type of offence are compiled using to the manual registers only Police statistics unit Data on reported offences and victims (against persons) are collected from police stations and divisions by the CRO. The Statistics unit analyzes the data to produce information for the Government of Mauritius, International Organizations and for other users of statistics and publishes same through its Economic and Social Indicators and Digests

22 Country paper on CJS Indicators Statistics relating to the following indicators are published: Cases reported by detailed and type of offences according to local and international classification (United Nations Office on Drugs and Crime UNODC) Offences reported by police divisions and units Quantity and monetary value of drugs seized Juvenile offences and offenders reported Reported number of victims of selected offences by socio-demographic, type of offences and other characteristics Status of reported offences, i.e. number of cases investigated and taken to Court, not taken to Court, and number of cases pending investigations Number of persons arrested and the Number of persons prosecuted Number of police stations & posts and staff of the MPF Total expenditure of the MPF (Source: Annual Report of the Accountant General) 2.9 Metadata Coverage Data on offences are based on administrative records of the police department Periodicity Data on reported cases and victims are available monthly whereas data on the status of cases and juvenile statistics are available quarterly and annually respectively Dissemination formats Data are disseminated through: (i) The annual publication Annual report of the Mauritius Police Force and is available only in hard copy. (ii) Through the annual publications The Economic and Social Indicator on Crime, Justice and Security statistics and the Digest of Crime, Justice and Security statistics. The publications are available both in hard copy and on the website of the Statistics Mauritius,

23 Country paper on CJS 2012 Chapter 3 - The Judiciary

24 Country paper on CJS Introduction This chapter covers the Judicial System. It starts with an overview of the structure of the Judicial System in Section 3.2 and describes the current statistical system of the department. The coverage is restricted to criminal jurisdiction. 3.2 Responsibility of the Judicial System The Judiciary is responsible for the administration of justice and its role is to maintain an independent and competent judicial system which upholds the rule of law, safeguards the rights and freedom of the individual, and commands domestic and international confidence. The Judiciary is one of the three pillars of our sovereign democratic state. By virtue of the Constitution, it is vested with the power to administer justice in the Republic of Mauritius. 3.3 Institutional framework and accountability Conformably with the Constitution which provides for the institution of an independent judiciary based on the concept of separation of powers, the Mauritian Judiciary constitutes a vital element for the functioning of our democratic system of government in upholding the rule of law. The Chief Justice is the head of the Judiciary

25 Country paper on CJS Structure The following flowchart gives an overview of the Court Structure in the Republic of Mauritius Judicial Committe of the Privy Council Supreme Court Appellate Jurisdiction of the Supreme Court Supreme Court as court of first instance in civil and criminal matters Subordinate Courts Intermediate Court Industrial Court District Courts

26 Country paper on CJS 2012 Mauritius has a single-structured judicial system consisting of two parts - the Supreme Court and the subordinate courts. The Supreme Court has various divisions exercising jurisdiction as the Master s Court, the Court of first instance in civil and criminal proceedings, the appellate jurisdiction (to hear and determine civil & criminal appeals from decisions of the subordinate courts), the Court of Civil Appeal and the Court of Criminal Appeal (to hear and determine appeals from decisions of the Supreme Court sitting as Court of first instance in civil and criminal proceedings). The Subordinate Courts are the Intermediate Court, the Industrial Court, the District Courts, the Juvenile Court, the Bail and Remand Court and the Court of Rodrigues. The Judicial Committee of the Privy Council is the final court of appeal of Mauritius. 3.5Composition and Criminal Jurisdiction of the Supreme Court The Supreme Court The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and such number of Puisne Judges as may be prescribed by Parliament. In 2012, there are 18 Puisne Judges (Section 76(2) of the Constitution). The Supreme Court is a superior Court of Record and has unlimited jurisdiction to hear and determine any civil and criminal proceedings. It has the same original jurisdiction as the High Court in England and is vested with all the necessary powers and authority to exercise its equitable jurisdiction as a Court of Equity. The Supreme Court also exercises supervisory jurisdiction over the subordinate courts in order to ensure that justice is duly administered by any such court. It has original jurisdiction to determine whether any provision of the Constitution has been contravened, including the power to determine whether any law made by Parliament is void on the ground that it contravenes any section of the Constitution. It is also empowered to secure the enforcement of the protective provisions entrenched in the Constitution The Criminal Division of the Supreme Court The Supreme Court is the principal Court of original criminal jurisdiction. It has jurisdiction to try any person charged with having committed a crime or a misdemeanor. Assizes and serious drug cases are heard on every working day at the Criminal Division

27 Country paper on CJS 2012 of the Supreme Court. Criminal trials are either held before a Presiding Judge and a jury consisting of 9 persons who are qualified to serve as jurors or before a Presiding Judge without a jury. Offences laid down under the Criminal Code, falling under the exclusive jurisdiction of the Supreme Court are tried before a Presiding Judge and a jury. In the exercise of its criminal jurisdiction, the Supreme Court is empowered to inflict life imprisonment for certain serious offences Appellate Jurisdiction The Supreme Court has full power and jurisdiction to hear and determine all appeal cases, whether civil or criminal, made to the court from the decision of: the Judge in Chambers; the Master s Court; the Intermediate Court; the Industrial Court; the District Courts and a body established under any other enactment. Appeals to the Supreme Court are heard before at least two judges, except as otherwise provided for in any other enactment The Court of Criminal Appeal The Court of Criminal Appeal is a division of the Supreme Court. It is constituted of three Judges and has full power to hear and determine all appeals from the decisions of the Supreme Court sitting as the Court of first instance in criminal proceedings. The Chief Justice and, in his absence, the Senior Puisne Judge, presides over the Court of Criminal Appeal

28 Country paper on CJS The Judicial Committee of the Privy Council The Judicial Committee is the final court of appeal of Mauritius. An appeal shall lie from decisions of the Court of Appeal or of the Supreme Court to the Judicial Committee as of right in the following cases: Final decisions, in any civil or criminal proceedings, on questions as to the interpretation of the Constitution Where the matter in dispute on the appeal to the Judicial Committee is of the value of Rs 10,000 or upwards or where the appeal involves, directly or indirectly, a claim to or a question respecting property or a right of the value of Rs 10,000 or upwards Final decisions in proceedings under section 17 of the Constitution for the enforcement of protective provisions With leave of the Supreme Court where in the opinion of the Court the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to the Judicial Committee Since 2008, the Judicial Committee of the Privy Council periodically holds sittings in Mauritius to hear appeals from decisions of the Supreme Court of Mauritius. 3.7 Structure and Establishment of the Lower Judiciary - Subordinate Courts The Intermediate Court The Intermediate Court is established under the Courts Act and has civil and criminal jurisdiction in all districts of Mauritius including Rodrigues. It consists of two Presidents, two Vice-Presidents and any such number of Magistrates Intermediate Court established under the Civil Establishment Act. The Intermediate Court has jurisdiction to hear and determine serious criminal offences provided under specific sections of the Criminal Code and any other offence that can be tried by the Intermediate Court under any other enactment. It has power to inflict penal servitude on convicted offenders for a period not exceeding fifteen years and imprisonment for a period not exceeding ten years. However, for persistent offenders, the Intermediate Court may increase the sentence to twenty years penal servitude. The

29 Country paper on CJS 2012 Intermediate Court is also empowered to inflict a higher sentence for offences under the Dangerous Drugs Act and the Criminal Code Industrial Court The Industrial Court consists of a President and a Vice-President. Established under the Industrial Court Act, it has exclusive civil and criminal jurisdiction to try any matter arising out of the Labour Act, Boilers Act, Employment and Training Act, Export Processing Zones Act, Passenger Transport Industry (Buses) Retiring Benefits Act, Sugar Industry Retiring Benefits Act, Workmen s Compensation Act and Health & Welfare legislations District Courts There are ten District Courts in the Island of Mauritius and one in Rodrigues. The District Courts have jurisdiction to try and determine both civil and criminal cases as provided for by the law. Each District Court is presided by a Senior District Magistrate and any such number of District Magistrates as may be decided by the Chief Justice. The District Court has power and jurisdiction to hear, try and determine criminal cases punishable by a term of imprisonment not exceeding five years and a fine not exceeding Rs 100,000. By virtue of the Protection from Domestic Violence Act 1997, the District Clerks are entrusted with the duty of receiving and processing applications for a Protection Order from aggrieved spouse victims of domestic violence. The District Magistrates are empowered to hear and determine such cases and to issue Protection Orders when the Court is satisfied that there is a serious risk of harm for the applicants. The District Magistrates are also empowered to receive and determine applications for the issue of Occupation Orders and Tenancy Orders. Such orders confer upon the victim of domestic violence the exclusive right to the use and occupation of the conjugal house Juvenile Court The District Magistrates exercise jurisdiction as Magistrate of the Juvenile Court. The Juvenile Court tries criminal offences committed by young persons years old. The Juvenile Court also deals with children who are beyond parental control and/or who need care and protection

30 Country paper on CJS Bail and Remand Court (BRC) The Bail and Remand Court (BRC) established under Part IV of the Bail Act 1999, as subsequently amended by Act No 34 of 2011, has exclusive jurisdiction with regard to remand or release of persons charged with an offence or arrested on reasonable suspicion of having committed an offence, and operates on weekends and public holidays to safeguard the constitutional rights of detainees. The BRC is presided over by a District Magistrate and operates from the premises of the New Court House, Port Louis Court of Rodrigues and Outer islands In Rodrigues, justice is administered by a full-time Magistrate and a visiting Judge of the Supreme Court. A Magistrate also visits the other smaller islands, like Agalega which forms part of the Republic of Mauritius. 3.8 Methods of data recording Supreme Court The following types of criminal cases are lodged at the Registry of the Supreme Court (Le Greffe): Criminal cases at the Assizes (Trial by jury) Criminal cases at the Assizes (Trial without a jury) Criminal appeals from Lower Courts Criminal appeals before the Court of Criminal Appeals Criminal cases at the Assizes are brought to the Supreme Court by the Director of Public Prosecutions. These cases are lodged in the Assizes Register kept at the Registry by a Court Officer. All the proceedings as well as the judgment relating to the case are kept in the file for each case. Different fields in the Assizes Register are as follows: Record number Name of accused Offence committed Date of judgment Sentence

31 Country paper on CJS 2012 Judge s signature Remarks Criminal appeals are lodged in an Action Book and are also input on computer. The fields in the Action Book are similar to those used for the Subordinate Courts. Only cases lodged are input on computer since provision has not been made in the system to feed in cases disposed Subordinate Courts In respect of each case, the Prosecutor lodges Information prepared by his office, at times, after consultation with the Director of Public Prosecutions Office for serious cases. The Information contains the following details: Date of offence Place where the offence has been committed Particulars of the accused (age, address and sometimes occupation is also mentioned) Number of offence/s committed Type of offence/s committed The different fields available in the Cause Book are as follows: Cause number Date of complaint Date of judgment Name of the informant Name of the accused Offences committed Judgment or decision Fines/costs/witness fees Number of the cash book where the fine has been paid Remarks Court Officers of Subordinate Courts register the information (as above) in the Cause Book and then open a file and fill in these same particulars on its front cover. Every time the case is heard before the Magistrate, both the file and the Cause Book are updated

32 Country paper on CJS 2012 The Magistrate updates the Daily Roll of cases. The Daily Rolls for each month are kept separately. The fields available in the Daily Roll are as follows: Cause number Date of entry in Cause Book Complainant Name of accused Offence committed Magistrate s decision 3.9 Automation New Court House application system In year 2000, an application system known as the NCHAS (New Court House Application System) was developed for recording cases. The system is being used at the Intermediate Court, the District Courts of Port Louis (Divisions I, II & III) and the Industrial Court, all located in the New Court House ACCESS System In 2002, a Court Officer of the Rose Hill District Court developed a system on Microsoft Access. The system was developed to respond to queries and to generate Daily Rolls of cases. Since the system was user-friendly, it was extended to other District Courts. Different fields available in the system are: Cause number Type of cases Date lodged Filing party Name of accused Charges Counsel Status of the case Name of Magistrate Date of offence Place of offence

33 Country paper on CJS 2012 Name, age, address and profession of accused Gender Adult/juvenile Judgment Date of Judgment Bond number (if on bail) Date of release on bail Different statistics can be retrieved from the system if all the necessary data are captured. However, only lodged cases are entered in the system e-judiciary The Judiciary has since April 2010, embarked on the development and implementation of an electronic filing of cases and an electronic case management system. Phase I of the project concerns cases lodged before the Supreme Court (Commercial & Civil cases) and before Judge in Chambers. A successful implementation of phase I will pave the way, during the 2nd phase, for the roll out of the automated system to other divisions of the Supreme Court, and to the lower jurisdictions of the Judiciary. Phase II will also provide for online filing and management of criminal cases brought before all courts, with links to any electronic system operated by other departments having interaction with the Judiciary Data collection and publication Judiciary statistics unit Data collected by the statistics unit from all courts of the Republic of Mauritius, and they are compiled to produce statistics and reports mainly for the Annual Report of the Judiciary, the Economic and Social indicators and Digest. (a) Supreme Court Every quarter, the Judiciary Statistics unit sends returns on criminal cases to be filled in at the Registry of the Supreme Court (Le Greffe). Court Officers refer to the Action Book and the Weekly Programmes of cases to fill in these returns

34 Country paper on CJS 2012 (b) Subordinate Courts Monthly returns of crime statistics by type of offences and outcome of judgement are prepared by Subordinate Courts on the basis of Daily Rolls and then sent to the Judiciary Statistics unit. However, since 2011, criminal statistics for the District Courts of Port Louis (Divisions II & III) are retrieved from the NCHAS (New Court House Application System). Statistics regarding the number of criminal cases lodged, disposed and outstanding are monthly compiled from administrative returns and sent to the Master and Registrar of the Supreme Court by Court Officers of the Subordinate Courts and a copy is sent to the Judiciary Statistics unit Indicators Indicators currently compiled are as follows: Number of criminal cases lodged, disposed and outstanding by courts Number of criminal appeal cases lodged Number of offences disposed by type of offences (UN classifications) Number of offences disposed by outcome of judgment Number of offences disposed by adult/juvenile Staff of the Judiciary by grade and sex Expenditure of the Judiciary and its share as a percentage of total Government expenditure The indicators listed above (five first ones) are available at national level but can be broken down into: Island level and Court level 3.12 Metadata Coverage Data on criminal cases and offences are obtained from the registers of all courts of the Republic of Mauritius, namely the Supreme Court, the Intermediate Court, the Industrial Court and the 13 District Courts including the Court of Rodrigues

35 Country paper on CJS Periodicity Data on criminal cases from the Supreme Court are collected on a quarterly basis while the number of criminal cases lodged, disposed and outstanding and criminal offences disposed at various courts are collected on a monthly basis. All data are, however, released on an annual basis Dissemination formats Data on criminal cases and offences are disseminated through: (i) The Annual Report of the Judiciary. The publication is available in hard copy and on the Supreme Court website ( (ii) The annual Economic and Social Indicator and the Digest on Crime, Justice and Security Statistics. The publications are available in hard copies and on Statistics Mauritius website (

36 Country paper on CJS 2012 Chapter 4 - Mauritius Prisons Service 4. 1 Introduction This chapter covers an overview of the Mauritius Prisons Service (MPS) and describes the current statistical system of the department. 4.2 Duties and Responsibilities Duties of the MPS To monitor all statutory intramural sentences To provide a safe and healthy environment for the detainees conducive to their rehabilitation, spiritual enhancement and vocational training To facilitate and safeguard ways and means for the detainees contact with outside world, i.e. spouse, children, parents and next of kin To provide the necessary structures that will be beneficial for all detainees in terms of education and vocational training To apprise and sensitize the detainees on the ill effects of substance abuse and to empower them so that they may lead a drug- free life To provide the detainees with all the required structures for their mental and physical development through sports and games To continuously upgrade and rethink physical structures of the prison so that they may be congruent with a healthy and peaceful environment Responsibilities of the MPS Keep detainees in custody Maintain order, control, discipline and safe environment Provide decent conditions for detainees and meet their needs, including medical care, advice on and help with personal problems Provide positive regimes which help detainees to address their offending behavior and prepare them to live a full and responsible life Help towards rehabilitation of detainees. Provide a delivery of prison services using resources provided by Parliament with maximum efficiency

37 Country paper on CJS 2012 Co-operate closely with other criminal justice agencies and contribute to the effectiveness and development of the criminal justice system as a whole Responsibilities of the Commissioner of Prisons as stated in the Reform Institutions Act 1988 The administration of the institutions and the control and supervision of detainees shall be vested in the Commissioner. Any act or thing which may be done or ordered to be done by the Commissioner may be done or ordered to be done by a Deputy Commissioner or the Assistant Commissioner and, by direction in writing of the Commissioner, by an officer not below the rank of Assistant Superintendent. 4.3 Institutional framework and accountability The MPS operates under the aegis of the Prime Minister s Office and is under the direct command of the Commissioner of Prisons who is assisted by Deputy Commissioners, Assistant Commissioners and Superintendents. The Rodrigues Prison is under the direct supervision of the Island Chief secretary of Rodrigues. The general administration is however under the responsibility of the Commissioner of Prison

38 Country paper on CJS Structure and Composition The MPS comprises of the following institutions: Name of Institution 1 Maximum Capacity Actual Population (as at 15 February 2012) Central Prison, Beau-Bassin 1,034 1,419 Phoenix Prison Petit Verger Prison Richelieu Open Prison Women Prison, Beau-Bassin Grand River North West Remand Prison New Wing Prison, Beau-Bassin Correctional Youth Centre, Beau-Bassin Special Prison for Women - Barkly 12 7 Rodrigues Prisons (A new prison is under construction at Melrose with a capacity of about 1,000 detainees) Male adult prisons The Central prison, Phoenix prison, Grand River North West prison and the New Wing Prison accommodate male adult detainees who have committed aggravated offences and these institutions are classified as maximum security prisons. The Central Prison can accommodate the largest number of male adult detainees. All male adult admissions are done at the New Wing prisons and then transferred to the other prisons. The Petit verger Prison is a medium security prison and caters for male adult detainees only. The Richelieu open prison is a minimum security prison accommodating only male adult detainees who can be treated in open conditions. The detainees have an opportunity to learn and be engaged in different jobs like cattle, rabbit and pig breeding; plantation of vegetables; woodwork, etc

39 Country paper on CJS 2012 A new high security prison is being constructed on 42 acres of land at Melrose for offenders who committed serious offences and sentenced for long term imprisonment. It will cater for about 1,000 detainees Female adult prisons Female adult offenders are accommodated in the Women Prison and the Barkly Special Prison for women at Beau Bassin. The Barkly prison caters for detainees with difficult attitudes, special needs and challenging behaviors Juvenile prisons Male offenders in the age group who have committed serious offences are admitted in the Correctional Youth Centre, (CYC). Male juvenile offenders who committed less serious offences and all female juvenile offenders are admitted in the Rehabilitation Youth Centre (RYC) for boys and girls respectively. The RYC is under the responsibility of the Ministry of Social Security, National Solidarity & Senior Citizens Welfare & Reform Institutions Rodrigues prison It caters for all male and female detainees of Rodrigues. 4.5 Methods of data recording Admission records In the court, when an offender is remanded or convicted to jail, the latter is escorted by the police to prisons together with his/her warrant sheet from Court Authority. Male adult detainees are admitted to the New Wing Prisons of Beau-Bassin while female adult detainees are brought to the Women s prisons. There are 4 types of warrant sheets:- Warrant of commitment in Default of Payment of Fine and costs. Commitment where the punishment is imprisonment or Penal Servitude in the First Instance, and also imprisonment in Default of Payment of Fine and Costs Warrant of arrest Warrant to apprehend a party The following information is available in the warrant sheets: The Court Cause number Date sentenced / Remanded

40 Country paper on CJS 2012 Date of Court Appearance Name of Court Type of offence(s) committed with the section(s) of the law and its (their) corresponding sentence(s) (all the offences committed are listed) Fines and costs to be paid Imprisonment Signature of Magistrate After going through the security check, the prisoner is escorted to the reception office of the Central Prison. The reception officer checks his warrant sheet and fills up the particulars of conviction which is filed in the Penal Record Long Sentence. Most of the information about demographic details (e.g religion, marital status, etc) is obtained upon questioning of the detainee. Each prisoner is given a registration number and his/her particulars of conviction are filed in the Penal Record Long Sentence folder. Admission to Women s Prison is done by the reception officer. The information in the particulars of conviction is as follows:- Category of prisoner Registration Number Offence or offences convicted Cause No. and Name of Court Date sentenced on Date received on Sentence convicted Date Bailed out Date returned from bail Fines and costs Date discharged Demographic details: Religion, Education, Employment, Nationality, Marital Status, Number of children, place of birth, Date of birth and age on conviction. Previous convictions Name of penal institution transferred to

41 Country paper on CJS 2012 Whether release on pardon or on parole If the prisoner has any complaint, it is noted in the request and complaints sheet which is later filed in the Penal Record Long Sentence Folder. Then the Penal Record Long Sentence folder together with the prisoners, are sent to their respective penal institutions where they will serve their sentences Remission records Prisons Officers computes the Earliest Date of Release (EDR) and the Latest Date of Release (LDR) and these are noted in the particulars of conviction as well as in the Discharge Diary. The EDR is calculated by reducing 1/3 of the length of sentence (Remission) from the LDR. Offenders convicted Under Dangerous Drugs Act 2000 is not eligible for remission except those convicted for personal consumption of drugs. Extra sentence remission is also allocated to prisoners who apply to work within the premises of their respective institutions. The number of hours worked each day for extra remission are registered and compiled by the Chief Officer and sent to the Prison Records Office. For each 24 hours of extra remission worked, the prisoner is entitled to one day remission. The Discharge Diary contains the following information:- Registration number Name of detainees EDR, LDR 4.6 Automation The Detainee Information System (DIS) The automated system of the MPS is known as the Detainee Information System (DIS) and was set up in The operating system is UNIX and the Relational Data Base is ORACLE 7. The main server of the DIS is found in the Computer unit of the Central Prison and all penal institutions are connected to it at the Central Prisons computer unit and the prison records unit

42 Country paper on CJS 2012 The registration number appearing on the Particulars of Conviction is automatically generated by the computer system. All relevant fields available in the particulars of conviction are captured on the system. The computer unit does the follow up for all penal institutions every morning via telephone. Eventually, additional information is fed whenever relevant and the information fed in the computer is cross-checked manually. Due to several breakdowns, statistical reports cannot be retrieved from the system. However, the following individual details of the detainee can also be retrieved as follows: The name Date of birth Date of admission Date of release Date of appeal New database development (E-prisons) The MPS is developing a new database system under the E-prisons plan. The E-prisons will facilitate sharing of information between the MPS and other stakeholders, namely the MPF, the Judiciary, the Ministry of Social Security, the Probation Office and Statistics Mauritius. With the implementation of the E-prisons, less staff will be required for obtaining information on detainees through fingerprints identification. 4.7 Data collection and publications Mauritius Police force (MPF) Data are compiled by each prisons records office and sent to the main records office of Beau Bassin to produce statistics to be posted on the MPS website and the Annual Report of the MPS Statistics unit at MPF The Statistics unit analyzes the data to produce information for the Government of Mauritius, International Organizations and for other users of statistics and publishes same through its regular reports Economic and Social Indicators on Crime, Justice and Security Statistics and Digest of Crime Statistics

43 Country paper on CJS Indicators Indicators currently compiled are as follows:- Prison population by sex, age-group, country of origin, religion and by nature of offences Number of Admissions by sex, age-group, country of origin, religion, nature of offences and category of detainee Number of prisoners convicted by length of sentence, religion, age-group, sex and nature of offences Daily average number of detainees, Republic of Mauritius Prison occupancy level, Republic of Mauritius Adult convicts admitted by number of previous imprisonment, Republic of Mauritius Fine defaulters admitted by amount of fine due, Republic of Mauritius Juvenile detainees in Correctional Youth Centre, Republic of Mauritius Convicts admitted to Correctional Youth Centre by type of offence, Republic of Mauritius The Indicators listed above are available both at national level as well as at penal institution level. 4.9 Metadata Coverage Data on detainees of all penal institutions are obtained from the particulars of conviction obtained at the reception of the Central Prison, the Women s prison and the Rodrigues prisons Classification and segregation of detainees Detainees are classified as follows as: Category A - dangerous and high security risk detainees who shall under no circumstances be removed from prison Category B - those having long sentences (more than 5 years without remission) and those having cases pending before Courts who need to be kept in secured conditions in a maximum security prison

44 Country paper on CJS 2012 Category C - those who do not require rigid security measures but who still need constant supervision to prevent them from escaping Category D - those who can reasonably be trusted to serve their sentences in open conditions Remand - charged with an offence by a Court of Law and who are awaiting for Judgment. They have the possibility to obtain bail except (i) on serious crimes where Police may resist bail but the final decision rest upon the Court or (ii) if the person cannot afford the bail Trial - charged for a serious offence and whose cases have been referred before the Assizes Court Periodicity Data on detainees are updated on computers and manually on a daily basis Dissemination formats Data are disseminated through: (i) The Annual publication Report on the treatment of offenders in Mauritius. The publication is available in hard copy. (ii) The website of the Mauritius Prisons Services ( (iii) The annual Economic and Social Indicator and the Digest on Crime, Justice and Security Statistics. The publications are available in hard copies and on Statistics Mauritius website (

45 Country paper on CJS 2012 Chapter 5 - Probation and After Care Service 5.1 Introduction The Probation and After Care Service in Mauritius was established in 1947 following the enactment of the Probation of Offenders Ordinance No. 58 of 1946 and it was extended to Rodrigues by Proclamation No. 21 of This chapter gives an overview of the Probation and After Care Service and describes the current statistical system of the department. 5.2 Duties and responsibilities Duties Assisting the Court in planning sentences for offenders. Rehabilitating offenders in the community. Aiming towards the reduction of crime and protection of the public. Assisting families in conflict and safeguarding the welfare of children. Educating people on social problems through the preventive work project Responsibilities Carrying out independent enquiries in Civil and Criminal matters referred by Courts and other institutions. Supervising and rehabilitating offenders in the community. Providing a range of alternatives to custodial sentence so that as many offenders as, in accordance with public safety, can be maintained in the community under supervision. Providing residential treatment to minors on probation or subjected to a committal order and whose home conditions are unconducive to proper rehabilitation. Working in collaboration with the welfare section of custodial institutions, in providing social work service for the inmates and facilitating links with the outside world. Working with offenders before and after their release from institutions with the aim of assisting in their rehabilitation

46 Country paper on CJS 2012 Participating in programs with detainees about to be released from penal institutions so as to make them realize what is expected of them in society after they are out. Taking positive and preventive measures that involve the full mobilization of all possible resources, including the family, volunteers and other community institutions, for the purpose of promoting the well-being of the minor and the young adult amongst others with a view to reducing the need for intervention under the law. Helping families in which divorce or separation has given rise to situations of conflict or need. Working whenever possible, with other members of the community to prevent the breakup of families and supporting parents, through their difficulties, so that separation is not seen to be the only option. Providing a throughcare service to residents of the Rehabilitation Youth Centre, the Probation Hostel for boys and the Probation Home for girls. Delivering talks on with social problems in primary schools, colleges and social welfare centers 5.3 Institutional framework and accountability The Probation and After care Service operates under the aegis of the Ministry of Social Security, National Solidarity & Senior Citizens Welfare & Reform Institutions and is under the direct command of the Commissioner of Probation and After care Service who is assisted by Deputy Commissioners. 5.4 Structure and composition The Probation and After care Service has under its care the following institutions: Probation offices The Probation Hostel for boys and girls where juvenile offenders under the age of 18 are rehabilitated Supervision of Community Service Workers Supervision of probationers

47 Country paper on CJS 2012 Other services as follows: Throughcare service Aftercare service Counselling Social enquiry Probation offices The probation offices are attached to all District Courts in Mauritius as well as in Rodrigues and are staffed by Probation Officers. All the officers are at the disposal of the Courts. They are required to carry out Social Enquiries on cases referred to them by the Judiciary and also by other organizations (National Adoption Council, Parole Board, Rehabilitation Youth Centre Board of Visitors, Throughcare Service, Society for Aid to Children Inoperable in Mauritius (SACIM), Director of Public Prosecutions, International Social Service, Child Development Unit, Solicitor General, and Commission on the Prerogative of Mercy) and submit recommendations thereon. The Probation Officers and Senior Probation Officers also do preventive work by delivering talks in primary schools and colleges, prisons and other institutions The Probation Hostel for Boys The main role of the Hostel, a semi-open institution, is to provide residential rehabilitation treatment for male minor offenders, aged up to 18 years, for a period not exceeding three years. The boys are sent to the institution because the conditions prevailing in their home are unfavourable and unconducive to their rehabilitation in the open. At the Hostel they are under the care of a couple acting as house parents. After their stay at the institution, they integrate their respective families. Depending on their age and their characteristics, they are either encouraged to attend school or take up employment. At the Institution, the boys also perform gardening, cleaning of the premises and participate in recreational activities. They also attend alphabetization classes with part-time teachers. The Commissioner of Probation and After Care is responsible for the management of the Hostel with the assistance of a Managing Committee appointed on a yearly basis by the Ministry. The day-to-day running of the Hostel is done by the Warden, House parents and

48 Country paper on CJS 2012 Assistant Stewards under the supervision of the Secretary, who is a Principal Probation Officer The Probation Home for Girls The Probation Home for Girls can accommodate a maximum of 10 girls, either offenders placed on probation and are required to stay at the Probation Home during first year of their orders or girls found beyond parental control on committal order and stay as per the judgment in the committal orders. The Probation Home for Girls is a semi-open residential institution, which caters for girls below the age of eighteen whose home surroundings are detrimental to their proper character formation and social functioning, hence necessitating removal and placement in a more favourable milieu. The main objective of the Probation Home is to provide a congenial home environment for the proper development and rehabilitation of the girls. They are looked after by a residential couple acting like a mother and father figures, assistant Housemothers and a primary school teacher who runs literacy classes during school hours. They are also encouraged in acquiring literacy and other essential life skills Supervision of Community Service Workers Community Service Order (CSO) is a special type of sentence, passed in respect of offenders above the age of 16 years who are found guilty of an offence punishable with imprisonment. It is open treatment sentence in lieu of custodial sentence which require the offender to perform unpaid work in the open for not less than 60 hrs and not more than 300 hrs within 12 month following the order. Probation Officers supervise and ensure that the work is carried out satisfactorily within the prescribed period of time. Breach of the conditions of the CSO can lead to imprisonment Supervision of Probationers A Probation Order is given where the Court is of opinion that having regard to the circumstances, it may instead of sentencing the offender to prison, make a Probation Order. A Probation Order cannot be more than 3 years and less than one year. During this period, the probationer benefits from regular advice, and receives visits from the Probation Officer under whose supervision he/she is. The person under supervision

49 Country paper on CJS 2012 should answer truly all questions put to him/her by the Probation Officer with regard to his/her conduct, employment or place residence Other services delivered Throughcare service The Probation Officer acts as a liaison between the inmates and the latter s family as soon as they are admitted at the Rehabilitation Youth Centre. After care service Inmates of the Correctional Youth Centre and the Rehabilitation Youth Centre who are granted leave of absence as well as prisoners released on parole remain under the supervision of Probation Officers and Senior Probation Officers until the expiry of their aftercare order. The Officers advise, support and guide these offenders during their period of supervision, thus helping them to adjust to acceptable social norms. Counseling Probation Officers are also called upon to carry out counseling work in connection with matrimonial and other social problems on behalf of the District Magistrates who have the responsibility of the District Courts all over the Republic of Mauritius. Social Enquiry A social enquiry is asked from the Probation Officer whenever a Magistrate with regard to an accused, decides any of the following:- To be placed on probation order or on community service order To be sent to Rehabilitation Youth Centre or Correctional Youth centre To be sent to Probation Home or Hostel To be subjected to a detoxification treatment at prescribed Drug Rehabilitation Centers When a case is referred to the Probation Office by a Magistrate, the Probation Officer interviews the accused party and visits his house and family to know his social background, level of education, family background, his association with people, criminal records, home circumstances, drug-taking problems, employment history and offence analysis, a complete record on his personal history, place of birth, childhood, status and whether he is working. The Probation Officer prepares the social enquiry report with recommendation accordingly and submits the report to the Magistrate on the day of Court

50 Country paper on CJS 2012 appearance. The Magistrate can accept or reject the suggestion of the Probation Officer and may ask for more clarifications. The accused is imposed with the appropriate sentences depending on the social enquiry report of the Probation Officer. 5.5 Method of Data recording Probation offices There exist 4 types of Registers where information is captured manually in the Probation office: (i) The Register of Counseling cases containing the following fields:- Serial number Data on Complainant Data on Defendant Relationship Subject (nature of problem) Date of appointment Remarks (follow-up) The register is completed after the outcome of a meeting between complainant and defendant. (ii) The Register of investigation containing the following fields:- Serial number Date referred, Referring Court Name of Magistrate Cause number Name of offender, age, sex, occupation, address Offence(s) Enquiring Officer Date of sentence Recommendation and result Probation Number The register is completed when sentence is pronounced by Court

51 Country paper on CJS 2012 (iii) The Register for Investigation for cases of Director of Public Prosecutions, Supreme Court, Solicitor General and other institutions containing the following fields:- Serial No., Date and reference, Name of Accused, Name of alleged victims, age, sex, occupation, address, Offence, Name of Enquiring officer, Bring up date The register is completed after enquiry. (iv) The Register of Supervision containing the following fields:- Serial number Expiry date of Probation Order or Community Service Order Remarks Name of offenders and type of offenders (e.g. male minor, female minor, male adult, female adult) The register is completed at the end of Probation or Community Service Order period. Statistics are compiled manually by the Probation Officers posted at different Probation Offices and institutions through designed forms which are eventually sent to the Probation Head Office Probation Hostel or Home If the accused is committed to the Hostel or Probation Home, then the following fields are captured in the Registers of the different institutions:- Serial number Name, Age, Date of Birth, Religion, Residential address Referring Court Application/Offence Date of order Duration of Stay Date of Admission and Date of Discharge

52 Country paper on CJS 2012 Enquiring Officer Remarks (In case of Misbehaviour) Other Documents available in the Registry section of the Probation Home and Hostel are as follows:- (i) A personal file including the committal order issued by the Court and the Social Enquiry Report. (ii) An Occurrence Book where the daily movement of the resident is noted. 5.6 Automation To-date the Probation Service is not computerized. All information is recorded manually in Registers. 5.7 Data collection and publication Probation and After care Services Data on Probation Orders, Community Service Orders and Committal Orders are obtained from registers of Probation Offices located in various courts. The data are compiled by the Probation Officers and are sent to the Probation main Office at Beau Bassin on a monthly basis. Subsequently, monthly reports are prepared for operational purposes and an Annual Report on the Probation and After Care Services is produced Probation statistics unit The Statistics unit analyzes the data to produce statistics and reports mainly for the Annual Report of the Probation, the Economic and Social indicators and Digest. 5.8 Indicators The following Indicators are compiled from returns submitted to the Probation Head office:- Number and type of social inquiries per Court Area Number of Probation orders made by sex Number of persons on probation by court, sex and age-group Number of probationers successfully completing their period of probation by sex Number of offenders attending through care services and aftercare services

53 Country paper on CJS 2012 Number of counseling cases by court area Number of community service orders by sex and by court area Number of Social inquiries made by Court and by type of Enquiry Number of offences committed by persons placed on probation by type of offence, age group, by sex and Court Area Number of Enquiries per Institution Breakdown of Probation Orders made per Court area Staff of the Probation and Aftercare Service Total expenditure of the Probation and Aftercare Services Number of preventive talks delivered 5.9 Metadata Coverage Data are collected from registers of all Probation Offices located in various courts Periodicity Data on Probation Orders are compiled on a monthly basis for each Probation Office and are sent to the Central Probation Office Dissemination Formats Data are disseminated through: (i) The annual publication The Annual Report of the Probation and After Care Service (iii) The annual Economic and Social Indicator and the Digest on Crime, Justice and Security Statistics. The publications are available in hard copies and on Statistics Mauritius website (

54 ANNEX

55 The National Criminal Chart, Republic of Mauritius Offence committed Reported offence Unreported offence Mauritius Police Force:- Police Stations, Posts, Central Criminal Investigation Department (CCID), Anti Drugs Smuggling Unit (ADSU) Other Bodies:- Ombudsman, Ombudsperson for children, Domestic Violence unit, Independent Commsission Against Corruption (ICAC), National Human Rights Commission (NHRC) Provisional cases lodged directly in courts Central Criminal Investigation Department, Anti Drugs Smuggling Unit and Division Commander District Prosecutor's Office & Police Prosecution Unit Complex and serious cases sent for advice to DPP Director of Public Prosecutions Office (DPP) Social Enquiry at Probation Office District courts Intermediate court Supreme court Industrial court The Probation Office Convicted or Remanded Mauritius Prisons Women Adult Prison Male Adult Prisons Correctional Youth Centre (Male under 18 The Probation Hostel (Male under 18 The Probation Home (Female under Supervision in the open, Community Service Orders) Rehabilitation Youth Centre(Male under 18 Rehabilitation Youth Centre (Female under

56 Mauritius Police Force forms and registers

57

58

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70 FORM 1 CRIME RECORDS OFFICE - POLICE DEPARTMENT Line Barracks, Port Louis, Telephone number: , Fax number: CRIME STATISTICS COLLECTION FORM FOR THE MONTH OF To be completed and returned to the Crime Records Office by the 2nd of the month. Police Division: Telephone number: Police station: Fax number: address: Name of contact person: Signature: Date: A : Crimes Description of offences Section of Law Number of cases reported Group 01: Crime against Person A01A Murder CC 216 A01B Attempt at murder CC 216 A01C Manslaughter CC 215 A01D Wounds and blows causing death without intention to kill CC 228 Section 3 A01F Murder of a newly born child CC 220 & 222 A01G Infanticide CC 220 A01H Administering noxious substance CC 236 A01I Abortion CC 235 A01M Arson causing death CC 347 A01N Concealment of birth Civil Status Act Section 70 (1, 2) A01O Demanding money or property by threat of false accusation CC 227 A01P Assault with corrosive substance (aggravating) CC 228A A01E Wounds and blows causing loss of an eye or both eyes; an arm, a leg, or a thigh broken. CC 228 Sections 1 & 2 A01Q Assault with premeditation CC 229 A01R Sequestration CC 258 A01S Assault against member of the Assembly or Judicial officer CC158 A01T Child Trafficking CPA 13 A A01L Abandonment of Child CPA 13 B A01K Abducting Child CPA 13 C A01U CHILD PROTECTION ACT (CPA) Causing child to be sexually abused; accessing to a brothel; and engaging in prostitution CPA 14 1

71 Group 02: Crime against property A02A Larceny by night breaking CC 306 A02B Larceny (day) breaking CC 309 (1) A02C Larceny scaling CC 309 (1) A02D Larceny false key CC 309 (1) A02F Larceny with violence by night breaking CC 304 A02N Attempt at larceny with aggravating circumstances CC 305 A02G Larceny armed with offensive weapon/any instrument CC (a) A02O Larceny by two or more individuals CC 305 (1) (b) A02I Larceny aggravating circumstances (Violence) CC 305 (1 c) A02P Larceny in dwelling house with menace & bodily fear CC (d) A02Q Larceny on public road CC (e) A02R Larceny using mask CC 301(A) A02S Larceny having in possesion a firearm or mock firearm CC 301(A) A02H Larceny with wounding CC 303 A02J Larceny by servant or any person in receipt of wages CC 309 A02L Arson CC 346 A02M Damaging public property, private enterprise or vehicle CC 349 A02T Larceny with aggravating circumstances upon Minors/Handicapped persons CC 305 (2) (a) A02U Damaging property by band CC 352 Group 03: Crime related to Fraud and Dishonesty A03H Counterfeiting bank notes CC 100 A03I Possession of counterfeit bank notes CC 100 A03J Uttering of counterfeit bank notes CC 100 A03K Forgery CC 106 to CC 121 A03L Making use of forged document CC 109 A03M Extortion CC 307 A03C Swindling CC 330 A03E Embezzlement by person in receipt of wages CC 333 (2) Prevention of Corruption Act (POCA) A03N Bribery by Public Official POCA 4 of 2002 A03O Bribery of Public Official POCA 5 of 2002 A03P Other offences under POCA POCA 2

72 Group 04: Crime against Morality A04A Rape CC 249 A04F Attempt upon chastity CC 249 (2) A04G Attempt upon chastity under the age of 12 CC 249 (3) A04D Sexual intercourse with minor under the age of 16 CC 249(4) A04H Sexual intercourse with a mentally handicapped person CC 249 (4) A04I Sexual intercourse with specified person CC 249 (5)(a) A04J Attempt upon chastity upon specified person CC 249 (5)(b) A04C Bestiality CC 250 A04K Sodomy CC 250(1) A04L Sodomy (handicapped) CC 250(2) A04M Sodomy (Minor) CC 250(2) Group 05: Crime against Lawful Authority A05A Rebellion by 3 or more armed persons CC 145 & 146 A05B Assault causing effusion of blood (Public functionary) CC 160 A05E Swearing false affidavits 195 of Courts Act Group 07: Crime not otherwise classified A07B Bigamy CC 257 A07C Impersonation CCSup 103, 104, 105 & 107 A07D Giving false evidence in case of a crime/misdemeanour CC 276 & 277 A07E Conspiracy CCSup 109 A07F Hijacking Civil Aviation Act 4 A07G A07H Other crimes Computer Misuse and Cybercrime Act 2003 (CMC Act) Breach of Computer Misuse and Cybercrime Act 2003 (CMC Act) A07I Indecent photographs of children Section 15 Offences under Firearm Act A07K Possession of firearm without licence Section 4 A07L Possession of ammunition without licence Section 4 A07M Possession of firearm with intent to endanger life Section 35 3

73 Description of offences B : Misdemeanours Section of Law Number of cases reported Group 01: Offences against person B01A Involuntary homicide CC 239 B01F Assault causing sickness or incapacity for personal labour for >20 days CC 228 (1) B01C Simple Assault CC 230 B01G Assault against an agent of Civil Authority CC 159 B01H Threatening in writing CC 225 B01I Threatening in verbally CC226 B01D Involuntary wounds and blows CC 239 (2) B01J Family abandonment CC 260 B01K Failing to pay alimony CC 261 B01L Torture by public official CC Section 78 added by Act 12/03 B01M Harbouring criminal CC 172 B01N Criminal Intimidation CC 291 B01O Insult (by means of writing only) CC 296 B01P Exposing a child to harm CPA Section 13 B01Q Child ill-treatment CPA Section 13 B01R Selling liquor, rum or compounded spirits to a child CPA 16 & 18 (4) B01S CHILD PROTECTION ACT (CPA) Allowing a child to have access to licensed premises for liquor, etc. CPA 16 B01T Mendicity CPA Section 17 B01U Child labour Labour Act Section 7 Group 02: Misdemeanour against Property B02A Preadial larceny CC 302 B02B Bicycle larceny CC 301 B02D Larceny of Auto/Motorcycles CC 301 B02E Larceny of Car/Van CC 301 B02F Larceny of heavy motor vehicles CC 301 B02G Larceny from motor vehicles CC 301 B02H Larceny of cellular phones CC 301 B02I Other simple larcenies CC 301 B02J Attempt at larceny CC 301 B02K Receiving and Possession of Stolen Property CC 40 B02L Damaging goods and chattel CC 369 4

74 Description of offences Section of Law Number of cases reported B02M Damaging motor vehicles Road Traffic Act 123w Group 03: Misdemeanour against fraud and dishonesty B03A Embezzlement CC 333 (1) B03D False and malicious denunciation in writing CC 297 B03E Effecting public mischief CC 298 B03F Forgery of Passport/making use of forged passport CC 114 B03G Issuing cheque without provision CC 330 (b) B03H Usurping public function CC 182 Group 04: Misdemeanour against Morality B04A Indecent Act in Public CC 248 B04B Debauching youth CC 251 B04C Procuring, enticing and exploiting prostitutes CC 253 B04D Sollicits/importunes another person for immoral purpose CCSup 91A B04E Brothel keeping CCSup 90 B04F Dealing in obscene matters CCSup 86 Offences under Sex Discrimination Act 43 of 2002 B04G Sexual harrassment CC 254/SDA Sections 20 & 21 B04H Other offences under Sex Discrimination Act Sex Discrimination Act Group 07: Revenue Offences B07A Offences under Companies Act Companies Act 2001 B07B Smuggling Customs Act Sect. 156 B07C Possession/Importation of prohibited/restricted goods Customs Act 156 B07D Other offences under Customs Act Customs Act Group 08 : Offences under Excise Act B08A Selling liquor, rum or compounded spirit during prohibited hours Excise Act B08B Obtain, consume, take away any liquor, rum or compounded spirit during prohibited hours Excise Act B08C Allowing licensed premises to remain open during prohibited hours Excise Act B08D Remaining in licensed premises outside opening time Excise Act B08E Trading without sign board Excise Act 14/94 Section 15 & 48(1) and Finance Act 2006 Section 15 B08F Selling liquor, rum and compounded spirits on eve of, day of election and counting of votes (Representation of People's Act) Excise Regulations GN 102/94 Section 57 5

75 Description of offences Section of Law Number of cases reported Group 09: Offences under Gambling Regulatory Authority Act B09A Operating casino/gaming house without licence Section 16 & 23 B09B Carrying out business of a Bookmaker without Licence Section 44 B09C Other offences GRAA Group 10: Offences under Bail Act Section 22 B10A Fail to surrender to Custody/Court B10B Commits an offence punishable by fine > Rs 1000 B10C B10D Interferes with witnesses Breach of other conditions Group 11: Offences under Civil Status Act B11A Birth Concealment Section 70 (3, 4, 5) B11B Other offences CSA Group 12: Offences against Environment B12A Carrying an activity without an EIA licence or PER EPA Section 15(2), (8), 85(2) B12B Obstructing an authorised officer EPA Section 83, 85 B12C Illegal dumping Local Gov. Reg.2003 B12D Deposit/dispose any waste into the marine environment Group 06/13: Misdemeanour not otherwise classified Beach Authority Act B06B Outrage against public functionary CC156 B06C Molesting Public Officers POPA Section 3 B06D Escape from legal custody CC 170 B06E Publishing matter without description of author CC 202 B06F Defacing road and building CCSup 4 B06G Bearing Offensive Weapon CCSup 29 B06H Bomb Hoaxes CCSup 102 B06I Refusing to sell Consumer Protection Act Section 19 B06J Failing to affix price label CPA Section 7 B06K Selling at a higher than maximum/mark-up/retail price Consumer Protection Act Section 3, 4, 5 B06L Breach of Copyright Act Section 28 & 44 B06M Perjury DICA 126 B06N Taking part in a Riot CC 143 B06O Taking part in an unlawful assembly CC 139 B06P Breach of Habitual Criminal's Regulations Criminal Procedure Act 219 B06Q Sedition CC 283 6

76 Description of offences Section of Law Number of cases reported B06R Inciting to disobedience or resistance to law CC 284 B06S Unruly & disruptive passenger Civil Aviation 5A B06T Illegal Squatting State Lands Act B06U Idle and disorderly person CCSup 26 B06V Rogue and vagabond CCSup 28 B06W B06X B13A B13B B13C B13D B13E B13F B13G Allowing a place of amusement to remain open during prohibited hours Found in a place of amusement during prohibited hours Offences under Explosive Act Offences under Representation of People Act Offences under The Wild Life and National Parks Act Offences under The Food Act Illegal slaughtering and other offences under The Meat Act Offences under Forest and Reserve Act All other offences Information and Communication Technology Act (ICTA) Places of amusement (Control) Regulations 1994 Places of amusement (Control) Regulations 1994 B13H Breach of ICTA Section 46 7

77 Description of offences B : Misdemeanours Section of Law Number of cases reported Group 01: Offences against person B01A Involuntary homicide CC 239 B01F Assault causing sickness or incapacity for personal labour for >20 days CC 228 (1) B01C Simple Assault CC 230 B01G Assault against an agent of Civil Authority CC 159 B01H Threatening in writing CC 225 B01I Threatening in verbally CC226 B01D Involuntary wounds and blows CC 239 (2) B01J Family abandonment CC 260 B01K Failing to pay alimony CC 261 B01L Torture by public official CC Section 78 added by Act 12/03 B01M Harbouring criminal CC 172 B01N Criminal Intimidation CC 291 B01O Insult (by means of writing only) CC 296 B01P Exposing a child to harm CPA Section 13 B01Q Child ill-treatment CPA Section 13 B01R Selling liquor, rum or compounded spirits to a child CPA 16 & 18 (4) B01S CHILD PROTECTION ACT (CPA) Allowing a child to have access to licensed premises for liquor, etc. CPA 16 B01T Mendicity CPA Section 17 B01U Child labour Labour Act Section 7 Group 02: Misdemeanour against Property B02A Preadial larceny CC 302 B02B Bicycle larceny CC 301 B02D Larceny of Auto/Motorcycles CC 301 B02E Larceny of Car/Van CC 301 B02F Larceny of heavy motor vehicles CC 301 B02G Larceny from motor vehicles CC 301 B02H Larceny of cellular phones CC 301 B02I Other simple larcenies CC 301 B02J Attempt at larceny CC 301 B02K Receiving and Possession of Stolen Property CC 40 B02L Damaging goods and chattel CC 369 4

78 Description of offences Section of Law Number of cases reported B02M Damaging motor vehicles Road Traffic Act 123w Group 03: Misdemeanour against fraud and dishonesty B03A Embezzlement CC 333 (1) B03D False and malicious denunciation in writing CC 297 B03E Effecting public mischief CC 298 B03F Forgery of Passport/making use of forged passport CC 114 B03G Issuing cheque without provision CC 330 (b) B03H Usurping public function CC 182 Group 04: Misdemeanour against Morality B04A Indecent Act in Public CC 248 B04B Debauching youth CC 251 B04C Procuring, enticing and exploiting prostitutes CC 253 B04D Sollicits/importunes another person for immoral purpose CCSup 91A B04E Brothel keeping CCSup 90 B04F Dealing in obscene matters CCSup 86 Offences under Sex Discrimination Act 43 of 2002 B04G Sexual harrassment CC 254/SDA Sections 20 & 21 B04H Other offences under Sex Discrimination Act Sex Discrimination Act Group 07: Revenue Offences B07A Offences under Companies Act Companies Act 2001 B07B Smuggling Customs Act Sect. 156 B07C Possession/Importation of prohibited/restricted goods Customs Act 156 B07D Other offences under Customs Act Customs Act Group 08 : Offences under Excise Act B08A Selling liquor, rum or compounded spirit during prohibited hours Excise Act B08B Obtain, consume, take away any liquor, rum or compounded spirit during prohibited hours Excise Act B08C Allowing licensed premises to remain open during prohibited hours Excise Act B08D Remaining in licensed premises outside opening time Excise Act B08E Trading without sign board Excise Act 14/94 Section 15 & 48(1) and Finance Act 2006 Section 15 B08F Selling liquor, rum and compounded spirits on eve of, day of election and counting of votes (Representation of People's Act) Excise Regulations GN 102/94 Section 57 5

79 Description of offences Section of Law Number of cases reported Group 09: Offences under Gambling Regulatory Authority Act B09A Operating casino/gaming house without licence Section 16 & 23 B09B Carrying out business of a Bookmaker without Licence Section 44 B09C Other offences GRAA Group 10: Offences under Bail Act Section 22 B10A Fail to surrender to Custody/Court B10B Commits an offence punishable by fine > Rs 1000 B10C B10D Interferes with witnesses Breach of other conditions Group 11: Offences under Civil Status Act B11A Birth Concealment Section 70 (3, 4, 5) B11B Other offences CSA Group 12: Offences against Environment B12A Carrying an activity without an EIA licence or PER EPA Section 15(2), (8), 85(2) B12B Obstructing an authorised officer EPA Section 83, 85 B12C Illegal dumping Local Gov. Reg.2003 B12D Deposit/dispose any waste into the marine environment Group 06/13: Misdemeanour not otherwise classified Beach Authority Act B06B Outrage against public functionary CC156 B06C Molesting Public Officers POPA Section 3 B06D Escape from legal custody CC 170 B06E Publishing matter without description of author CC 202 B06F Defacing road and building CCSup 4 B06G Bearing Offensive Weapon CCSup 29 B06H Bomb Hoaxes CCSup 102 B06I Refusing to sell Consumer Protection Act Section 19 B06J Failing to affix price label CPA Section 7 B06K Selling at a higher than maximum/mark-up/retail price Consumer Protection Act Section 3, 4, 5 B06L Breach of Copyright Act Section 28 & 44 B06M Perjury DICA 126 B06N Taking part in a Riot CC 143 B06O Taking part in an unlawful assembly CC 139 B06P Breach of Habitual Criminal's Regulations Criminal Procedure Act 219 B06Q Sedition CC 283 6

80 Description of offences Section of Law Number of cases reported B06R Inciting to disobedience or resistance to law CC 284 B06S Unruly & disruptive passenger Civil Aviation 5A B06T Illegal Squatting State Lands Act B06U Idle and disorderly person CCSup 26 B06V Rogue and vagabond CCSup 28 B06W B06X B13A B13B B13C B13D B13E B13F B13G Allowing a place of amusement to remain open during prohibited hours Found in a place of amusement during prohibited hours Offences under Explosive Act Offences under Representation of People Act Offences under The Wild Life and National Parks Act Offences under The Food Act Illegal slaughtering and other offences under The Meat Act Offences under Forest and Reserve Act All other offences Information and Communication Technology Act (ICTA) Places of amusement (Control) Regulations 1994 Places of amusement (Control) Regulations 1994 B13H Breach of ICTA Section 46 7

81 Group 06 - Offences under the Dangerous Drugs Act 2000 A : - Crimes Description of offences Section of Law A06B Offences committed by authorised persons DDA 11 & 29 Number of cases reported A06C Importation/Exportation DDA Section 30 A06D Selling DDA Section 30 A06E Distribution DDA Section 30 A06F Offer for sale DDA Section 30 A06G Offers DDA Section 30 A06H Cultivating DDA Section 30 A06I A06J Possession/Purchase/Offer to purchase for purpose of any activity Unlawfully produces, imports, precurses materials and equipment DDA Section 30 DDA Section 33 A06K Offering & selling for personal consumption DDA Section 35 A06L Facilitating/permitting drug offences DDA Section 36 A06M Incitement to Drug offences and unlawful use DDA Section 38 A06N Money Laundering DDA Section 39 A06O Other drug related offences (Crime) DDA B : Misdemeanours B14A Smoking DDA Section 34 B14B Consuming/Inhaling/Sniffing DDA Section 34 B14C Administering to himself/other persons DDA Section 34 B14D Possession of dangerous drugs DDA Section 34 B14E Purchase/Offer to purchase DDA Section 34 B14F Possession of Syringe DDA Section 34 B14G Possession of pipe DDA Section 34 B14H Possession of utensils/apparatus/other articles DDA Section 34 B14I Making a false declaration DDA Section 37 B14J Driving while under the influence of a dangerous drug DDA Section 40 B14K Giving false statement or false evidence in drug cases DDA Section 42 B14L Other drug related offences (Misdemeanour) DDA 8

82 C : Contraventions Description of offences Traffic offences under Road Traffic Act C01A Dangerous driving Section of Law Number of cases reported C01H C01B C01I C01J C01K C01C C01F C01L C01M C01N C01O C01P C01Q C01R C01S C01T C01U C01V C01W C01X C01Y C01Z C02E C02F C02G C02H C02I C02J C02K Driving without due care and attention Driving under influence of liquor Failing to provide specimen for Breath Test Cycling under the influence of intoxicating drink/drugs In charge of a motor vehicle under influence of intoxicating drink/drugs Exceeding speed limit Using vehicle without motor vehicle licence Motor vehicle licence not affixed Failing to produce driving licence on demand Failing to wear seat belt whilst driving Making use of cellular phone whilst driving Worn out tyre Allowing oil to drop Failing to comply with traffic sign Breach of conditions attached to provisional licence Overtaking on uninterrupted white line Parking on prohibited area Parking on double yellow line Driving without licence Driving under disqualification Inoperative insurance policy Breach of condition attached to carriers licence Load not properly secured No tail light Driving a vehicle in a dangerous condition Using motor vehicle for another purpose Expired certificate of fitness Failing to effect transfer Parking on footpath/pavement 9

83 Description of offences Section of Law Number of cases reported C02L C02M C02N C02O C02P C02Q C02R C02S C02T C02U C02V C02W C02X C01D Protective helmet improperly secured Rider/Pillion rider failing to wear protective helmet Wearing Full Face protective helmet when not riding motorcycle/autocycle Failing to give name and address Failing to report accident within delay Driver failing to render reasonable assistance to any person injured in the accident Fittings out of order Admitting/carrying more passengers Failing to produce driving licence/certificate of insurance within delay Failing to stop when signaled by a police officer in uniform Failing to pick up passengers at bus stop Inefficient silencer Leaving engine 'On' while vehicle is stationary Bicycle contravention C01G Other traffic offences Other contraventions C03E Keeping animal which makes noise in any premises EPA Reg.2008 C03F Playing music causing nuisance EPA Reg.2008 C03G Affixing poster at a public place other than at a designated one EPA Reg.2008 C03H Illegal littering Local Gov.Reg.2003 C03I Carrying waste without a waste carrier licence Local Gov.Reg.2003 C03J Discarding/placing/throwing any litter or other article in any canal, drain or public place EPA C03K Unnecessary horning in any place EPA C03L Smoking in prohibited area Public Health Regulations C03M Failing to register dog MSPCA Act C03N Allowing dog to stray MSPCA Act C03D Using for the purpose of trade any unassized instrument, weight and measures Legal Metrology Act 10

84 Description of offences Section of Law Number of cases reported C04B Drunkenness Criminal Code 378 q C04C Disturbance Criminal Code 385 r C03O Insult verbally CC 296 (a) (b) C03P Indecency CC Section 378 r C03A Trading without licence Local Govt. Act C03Q Obstructing pavement/exposing articles on pavement C03R Lights a fire in any street or public place CC 365 C03S C03T C04D Selling tobacco products, including cigarette to a child Drinking in a public place (when proclaimed) Contraventions not otherwise classified Breach of Regulation 5(1)(A)&7 Public Health (Restriction on tobacco products) Regulation,

85 D : Other occurences Occurrences Number D01A Suicide D02A Attempt at suicide D03A Accidental death D04A Accidental fires D05A Road accidents (not including fatal) D05B Fatal road accidents D06A Execution of warrants D07A Transfer cases D09A Missing cases D11A Juvenile beyond control D08A Other miscellaneous occurences Total First OB number of the month: Last OB number of the month: D10A Persons reported wanted D12A Released on Bail D13A Remanded to jail 12

86 Juvenile involved as accused for year 20.. (January to December), Island of Mauritius. Police station: Telephone number: Signature: A : Crime Group 01: Crime against Person A01A A01B A01C A01D A01F A01G A01H Description of offences Murder Attempt at murder Manslaughter Wounds and blows causing death without intention to kill Murder of a newly born child Infanticide Administering noxious substance Name of contact person: Fax number: Date: Number of offences Number of juveniles involved Total Male Female A01I A01M A01N A01O A01P A01E A01Q A01R A01S Abortion Arson causing death Concealment of birth Demanding money or property by threat of false accusation Assault with corrosive substance (aggravating) Wounds and blows causing loss of an eye or both eyes; an arm, a leg, or a thigh broken. Assault with premeditation Sequestration Assault against member of the Assembly or Judicial officer A01T A01L A01K A01U CHILD PROTECTION ACT (CPA) Child Trafficking Abandonment of Child Abducting Child Causing child to be sexually abused; accessing to a brothel; and engaging in prostitution Group 02: Crime against property A02A A02B A02C A02D A02F A02N Larceny by night breaking Larceny (day) breaking Larceny scaling Larceny false key Larceny with violence by night breaking Attempt at larceny with aggravating circumstances 1

87 A02G A02O A02I A02P A02Q A02R A02S A02H A02J A02L A02M A02T A02U Larceny armed with offensive weapon/any instrument Larceny by two or more individuals Larceny aggravating circumstances (Violence) Larceny in dwelling house with menace & bodily fear Larceny on public road Larceny using mask Larceny having in possesion a firearm or mock firearm Larceny with wounding Larceny by servant or any person in receipt of wages Arson Damaging public property, private enterprise or vehicle Larceny with aggravating circumstances upon Minors/Handicapped persons Damaging property by band Group 03: Crime related to Fraud and Dishonesty A03H A03I A03J A03K A03L A03M A03C A03E Counterfeiting bank notes Possession of counterfeit bank notes Uttering of counterfeit bank notes Forgery Making use of forged document Extortion Swindling Embezzlement by person in receipt of wages Prevention of Corruption Act (POCA) A03N A03O Bribery by Public Official Bribery of Public Official A03P Other offences under POCA Group 04: Crime against Morality A04A Rape A04F Attempt upon chastity A04G Attempt upon chastity under the age of 12 A04D Sexual intercourse with minor under the age of 16 A04H A04I A04J A04C Sexual intercourse with a mentally handicapped person Sexual intercourse with specified person Attempt upon chastity upon specified person Bestiality 2

88 A04K A04L Sodomy Sodomy (handicapped) A04M Sodomy (Minor) Group 05: Crime against Lawful Authority A05A Rebellion by 3 or more armed persons A05B Assault causing effusion of blood (Public functionary) A05E Swearing false affidavits Group 07: Crime not otherwise classified A07B Bigamy A07C A07D A07E A07F A07G Impersonation Giving false evidence in case of a crime/misdemeanour Conspiracy Hijacking Other crimes Computer Misuse and Cybercrime Act 2003 (CMC Act) A07H A07I Breach of Computer Misuse and Cybercrime Act 2003 (CMC Act) Indecent photographs of children Offences under Firearm Act A07K A07L A07M Possession of firearm without licence Possession of ammunition without licence Possession of firearm with intent to endanger life 3

89 B : Misdemeanours Group 01: Offences against person B01A B01F Description of offences Involuntary homicide Assault causing sickness or incapacity for personal labour for >20 days Number of offences Number of juveniles involved Total Male Female B01C B01G B01H B01I B01D B01J B01K B01L B01M B01N B01O Simple Assault Assault against an agent of Civil Authority Threatening in writing Threatening in verbally Involuntary wounds and blows Family abandonment Failing to pay alimony Torture by public official Harbouring criminal Criminal Intimidation Insult (by means of writing only) CHILD PROTECTION ACT (CPA) B01P B01Q B01R B01S B01T Exposing a child to harm Child ill-treatment Selling liquor, rum or compounded spirits to a child Allowing a child to have access to licensed premises for liquor, etc. Mendicity B01U Child labour Group 02: Misdemeanour against Property B02A Preadial larceny B02B Bicycle larceny B02D Larceny of Auto/Motorcycles B02E Larceny of Car/Van B02F B02G B02H B02I B02J B02K B02L Larceny of heavy motor vehicles Larceny from motor vehicles Larceny of cellular phones Other simple larcenies Attempt at larceny Receiving and Possession of Stolen Property Damaging goods and chattel 4

90 B02M Description Damaging motor of offences vehicles Number of offences Group 03: Misdemeanour against fraud and dishonesty B03A Embezzlement Number of juveniles involved B03D B03E B03F B03G False and malicious denunciation in writing Effecting public mischief Forgery of Passport/making use of forged passport Issuing cheque without provision B03H Usurping public function Group 04: Misdemeanour against Morality B04A Indecent Act in Public B04B B04C B04D B04E B04F B04G B04H Debauching youth Procuring, enticing and exploiting prostitutes Sollicits/importunes another person for immoral purpose Brothel keeping Dealing in obscene matters Offences under Sex Discrimination Act 43 of 2002 Sexual harrassment Other offences under Sex Discrimination Act Group 07: Revenue Offences B07A B07B B07C B07D Offences under Companies Act Smuggling Possession/Importation of prohibited/restricted goods Other offences under Customs Act Group 08 : Offences under Excise Act B08A B08B B08C B08D Selling liquor, rum or compounded spirit during prohibited hours Obtain, consume, take away any liquor, rum or compounded spirit during prohibited hours Allowing licensed premises to remain open during prohibited hours Remaining in licensed premises outside opening time B08E Trading without sign board B08F Selling liquor, rum and compounded spirits on eve of, day of election and counting of votes (Representation of People's Act) Group 09: Offences under Gambling Regulatory Authority Act 5

91 B09A B09B B09C Description of offences Operating casino/gaming house without licence Carrying out business of a Bookmaker without Licence Other offences Group 10: Offences under Bail Act Section 22 B10A Fail to surrender to Custody/Court B10B Commits an offence punishable by fine > Rs 1000 B10C B10D Interferes with witnesses Breach of other conditions Group 11: Offences under Civil Status Act B11A B11B Birth Concealment Other offences Group 12: Offences against Environment Number of offences Number of juveniles involved B12A Carrying an activity without an EIA licence or PER B12B B12C B12D Obstructing an authorised officer Illegal dumping Deposit/dispose any waste into the marine environment Group 06/13: Misdemeanour not otherwise classified B06B B06C B06D B06E B06F B06G B06H B06I B06J B06K B06L B06M B06N B06O B06P B06Q B06R B06S Outrage against public functionary Molesting Public Officers Escape from legal custody Publishing matter without description of author Defacing road and building Bearing Offensive Weapon Bomb Hoaxes Refusing to sell Failing to affix price label Selling at a higher than maximum/mark-up/retail price Breach of Copyright Act Perjury Taking part in a Riot Taking part in an unlawful assembly Breach of Habitual Criminal's Regulations Sedition Inciting to disobedience or resistance to law Unruly & disruptive passenger B06T Illegal Squatting 6

92 B06U Description of offences Idle and disorderly person Number of offences Number of juveniles involved B06V Rogue and vagabond B06W B06X Allowing a place of amusement to remain open during prohibited hours Found in a place of amusement during prohibited hours B13A Offences under Explosive Act B13B Offences under Representation of People Act B13C Offences under The Wild Life and National Parks Act B13D Offences under The Food Act B13E Illegal slaughtering and other offences under The Meat Act B13F Offences under Forest and Reserve Act B13G All other offences Information and Communication Technology Act (ICTA) B13H Breach of ICTA 7

93 Group 06 - Offences under the Dangerous Drugs Act 2000 A : - Crimes Description of offences Number of offences Number of juveniles involved Total Male Female A06B A06C A06D A06E A06F A06G A06H A06I A06J A06K A06L A06M A06N A06O Offences committed by authorised persons Importation/Exportation Selling Distribution Offer for sale Offers Cultivating Possession/Purchase/Offer to purchase for purpose of any activity Unlawfully produces, imports, precurses materials and equipment Offering & selling for personal consumption Facilitating/permitting drug offences Incitement to Drug offences and unlawful use Money Laundering Other drug related offences (Crime) B : Misdemeanours B14A B14B B14C B14D B14E B14F B14G B14H B14I B14J B14K B14L Smoking Consuming/Inhaling/Sniffing Administering to himself/other persons Possession of dangerous drugs Purchase/Offer to purchase Possession of Syringe Possession of pipe Possession of utensils/apparatus/other articles Making a false declaration Driving while under the influence of a dangerous drug Giving false statement or false evidence in drug cases Other drug related offences (Misdemeanour) 8

94 C : Contraventions Description of offences Traffic offences under Road Traffic Act C01A Dangerous driving Number of offences Number of juveniles involved Total Male Female C01H C01B C01I C01J C01K C01C C01F C01L C01M C01N C01O C01P C01Q C01R C01S C01T C01U C01V C01W C01X C01Y C01Z C02E C02F C02G C02H C02I C02J Driving without due care and attention Driving under influence of liquor Failing to provide specimen for Breath Test Cycling under the influence of intoxicating drink/drugs In charge of a motor vehicle under influence of intoxicating drink/drugs Exceeding speed limit Using vehicle without motor vehicle licence Motor vehicle licence not affixed Failing to produce driving licence on demand Failing to wear seat belt whilst driving Making use of cellular phone whilst driving Worn out tyre Allowing oil to drop Failing to comply with traffic sign Breach of conditions attached to provisional licence Overtaking on uninterrupted white line Parking on prohibited area Parking on double yellow line Driving without licence Driving under disqualification Inoperative insurance policy Breach of condition attached to carriers licence Load not properly secured No tail light Driving a vehicle in a dangerous condition Using motor vehicle for another purpose Expired certificate of fitness Failing to effect transfer 9

95 C02K C02L Description Parking on footpath/pavement of offences Protective helmet improperly secured Number of offences Number of juveniles involved C02M Rider/Pillion rider failing to wear protective helmet C02N Wearing Full Face protective helmet when not riding motorcycle/autocycle C02O Failing to give name and address C02P Failing to report accident within delay C02Q Driver failing to render reasonable assistance to any person injured in the accident C02R Fittings out of order C02S Admitting/carrying more passengers C02T C02U Failing to produce driving licence/certificate of insurance within delay Failing to stop when signaled by a police officer in uniform C02V Failing to pick up passengers at bus stop C02W Inefficient silencer C02X Leaving engine 'On' while vehicle is stationary C01D Bicycle contravention C01G Other traffic offences Other contraventions C03E C03F C03G C03H C03I C03J C03K C03L C03M C03N C03D Keeping animal which makes noise in any premises Playing music causing nuisance Affixing poster at a public place other than at a designated one Illegal littering Carrying waste without a waste carrier licence Discarding/placing/throwing any litter or other article in any canal, drain or public place Unnecessary horning in any place Smoking in prohibited area Failing to register dog Allowing dog to stray Using for the purpose of trade any unassized instrument, weight and measures 10

96 C04B Description of offences Drunkenness Number of offences Number of juveniles involved C04C Disturbance C03O Insult verbally C03P Indecency C03A Trading without licence C03Q Obstructing pavement/exposing articles on pavement C03R Lights a fire in any street or public place C03S Selling tobacco products, including cigarette to a child C03T Drinking in a public place (when proclaimed) C04D Contraventions not otherwise classified 11

97 All victims CRIME RECORDS OFFICE - POLICE DEPARTMENT Line Barracks, Port Louis, Telephone number: , Fax number: or CRIME STATISTICS COLLECTION FORM FOR THE MONTH OF Police Division: Telephone number: address: FORM 2 Police station: Fax number: Signature: Name of contact person: Date: Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 Col. 6 Col. 7 Col. 8 Col. 9 Col. 10 Col. 11 OB number Code of offence Description of offence Location of incident Number of victims Serial number of victim Age of victim Sex of victim Type of Victim Relationship of victim to accused Activity status of victim

98 The Judiciary forms and registers

99 Year : Quarter: *(1st/ 2nd / 3rd /4th) Period : *(Jan - Mar/ Apr - Jun/ Jul - Sep/ Oct - Dec) (1) Court of Assizes (Trial by Jury) Registry Section Supreme Court Distribution of offences by outcome disposed before th S.no. Type of offence Dismissed Struck Out Nolle prosequi Imprisonnement/penal servitu Male Female Male Female Male Female <=10 yrs >=10 yrs Male Life Imprisonment <=10 yrs Fem <=10 yrs 1 Murder 2 Manslaugher Wounds and Blows causing death without intention to kill, but with 3 premeditation 4 Arson 5 Other Total * Delete as appropriate

100 he Assizes Sessions ude Fine male Life Imprisonment Adult Male Adult Female Juvenile Male Juvenile Female Total

101 Registry Section Supreme Court Distribution of offences by outcome disposed before Year : Quarter: *(1st/ 2nd / 3rd /4th) Period : *(Jan - Mar/ Apr - Jun/ Jul - Sep/ Oct - Dec) (2) Court of Assizes (Trial without a Jury) S.no. Type of offence Dismissed Struck Out Nolle prosequi Imprisonnement/penal serv Male Female Male Female Male Female Male Fe <=10 yrs >=10 yrs Life Imprisonment <=10 yrs <=10 yrs Importation of 1 heroin Importation of 2 gandia 3 Others Total * Delete as appropriate Name of officer preparing return:. Signature Rank of officer :.. Date :

102 the Assizes Sessions vitude Fine emale Life Imprisonment Adult Male Adult Female Juvenile Male Juvenile Female Total :..

103 Registry Section Supreme Court RETURN OF CASES Year :. Quarter :*(1st/ 2nd/ 3rd/ 4th ) Period :*(Jan - Mar/ Apr - Jun / Jul - Sep/ Oct - Dec) No. of cases lodged Months... Criminal Appeals cases from the lower Courts Criminal appeals before the Court of Criminal Appeals Criminal cases at the Assizes (Trial by Jury) Special Criminal cases at the Assizes (Trial without a Jury) Total no of cases lodged Total * Delete as appropriate Name of officer preparing return:. Rank of officer :.

104 No. of cases disposed... Total no of cases disposed Signature Date : :

105 3. OFFENCES BY TYPE AND BY OUTCOME FOR THE MONTH OFFENCES DISMISSED STRUCK OUT Male Female Male Female TOTAL OFFENCES 01: AGAINST LAWFUL AUTHORITIES 01 Perjury 02 Taking part in a Riot 03 Taking part in an Unlawful Assembly 04 Effecting public mischief 05 Assault against public functionary or judicial officer 06 Offences under Protection from Domestic violence Act 07 Offence under Public Officers' Protection Act 99 Others 02: AGAINST PUBLIC MORALITY 01 Sodomy 02 Bestiality 03 Rape 04 Illegal sexual intercourse (with a minor under 16 or a mentally handicapped person) 05 Incest (sexual intercourse with a specified person) 06 Attempt upon chastity 07 Gross indecent act in public 08 Debauching youth 09 Procuring a person for purposes of prostitution 10 Dealing in obscene matter 99 Others 03: AGAINST THE PERSON 01 Abandoning child by guardian 02 Application under child protection 03 Abduction of minors 04 Assault/ Wounds and Blows 05 Assault causing sickness or incapacity for personal labour for more than 20 days. 06 Wounds and Blows causing death without intention to kill. 07 Assault with premeditation 08 Assault upon father/mother 09 Assault upon minor under afe of 16 or physically or mentally handicapped person 10 Assault with aggravating circumstances (others) eg causing fracture of arm / loss of eye or followed by another crime 11 Abortion 12 Castration 13 Administering noxious substances 14 Insult 15 Publishing false news 16 Threatening verbally 17 False and malicious denunciation 18 Involuntary homicide 19 Libel and Defamation

106 99 Others (e.g giving false evidence, criminal intimidation, etc.) 04: AGAINST PROPERTY 01 Larceny simple 02 Larceny armed with offensive weapon 03 Larceny being more than 2 in no 04 Larceny with violence 05 Larceny on public road 06 Larceny by night breaking 07 Larceny with recidivism 08 Larceny by person in receipt of wages 09 Other Larceny with aggravating circumstances (e.g. larceny with violence and night breaking, larceny and produce of soil, etc.) 10 Aiding and Abetting in the commission of a crime 11 Damaging properly by band 12 Damaging enclosure 13 Damaging public property 14 Possession of stolen property 15 Criminal damage to property 16 Arson 17 Arson causing death 18 Looting 19 Swindling 20 Issuing cheque without provision 21 Forgery 22 Making use of a forged document 23 Embezzlement 99 Other 05: OFFENCES AGAINST THE PENAL CODE 01 Personation 02 Swearing false affidavit 03 Officer of public body accepting bribe 04 Bribery of officer of public body 05 Bribery offences - others 06 Counterfeiting mark or banknotes 07 Possession of counterfeited bank notes 08 Rogue and Vagabond 09 Idle and disorderly person 10 Conspiracy 11 Possession of offensive weapon 12 Disturbance 13 Drunkenness 99 Other offences against the penal code 06: AGAINST LOCAL LAWS/TRAFFIC 01 Involuntary wounds and blows 02 Driving without due care and attention / reckless driving / dangerous driving 03 Driving under influence of liquor

107 04 Failing to submit to breath test 05 Exceeding speed 06 Driving without licence 07 Inoperative insurance policy 08 Driving under disqualification 09 Using unlicenssed motor vehicle 10 Offences related to driver of vehicle (e.g.: Using hand held telephone, driving without seat belt, parking on yellow line, failing to conform to traffic sign, etc) 11 Offences related to vehicle (eg: Fittings out of order, No horn,etc) 99 Other traffic offences e.g bicycle contravention, Contravention by pesdestrian, etc 07: OFFENCES AGAINST THE DISTILLERY LAWS 08: OFFENCES AGAINST THE LICENCE LAWS 01 Under the Excise Act 02 Under the Local Govt. Act. 09: DANGEROUS DRUGS ACT 01 Possession of gandia for personal consumption 02 Possession of heroin for personal consumption 03 Possession of any other dangerous drug for personal consumption 04 Possession of articles (for use in connection with smoking, consuming or the administration of any dangerous drug) 05 Smoking, consuming or administering any dangerous drug 06 Purchasing any dangerous drug for personal consumption 07 Possession of gandia for drug dealing 08 Possession of heroin for drug dealing 09 Possession of any other dangerous drug for drug dealing 10 Importation of gandia 11 Importation of heroin 12 Importation of any other dangerous drug 13 Selling gandia 14 Selling heroin 15 Selling any other dangerous drug 16 Cultivating opium poppy, coca bush or cannabis plant 17 Preparing a dangerous drug 18 Distributing a dangerous drug 19 Transporting a dangerous drug 20 Delivering a dangerous drug 99 Others 10: MISCELLANEOUS 01 Offences against the Legal Metrology Act 02 Illegal slaughtering 03 Offences against the Customs and Excise Act 04 Offences against the Firearms Act 05 Offences against the Representation of People's Act 06 Offences against the Food Act and the Public Health Act 07 Offences against the Harbour Regulations 08 Offences against the Gaming Act

108 09 Offences against the Forest Reserves Act 10 Offences under the Fisheries and Marine Resourses Act 11 Unlawful abstraction of Energy 12 Offences against the Environment Protection Act 13 Offences against the Copyright Act 14 Offences against the Building Act 99 Others 11. INDUSTRIAL COURT 01 Offences under the Labour Act 02 Offences under the Occupational Safety, Health and Welfare Act 03 Offences under the Workmen's Compensation Act 99 Others

109 NOLLE PROSEQUI Imprisonment / RYC, CYC & Penal Servitude other Institutions Male Female Male Female Male Female Adult Male Adult Female CONVICTED Fine Juvenile Male Juvenile Female Probat Cummuni Adult Male

110 tion, Conditional discharge, ity service, Absolute discharge Adult Female Juvenile Male Juvenile Female Imp + Fine Male Female TOTAL M F T

111 FORM I (DISTRICT COURT) DISTRICT COURT MOKA Return of CRIMINAL cases for the month of.., 200. (a) (b) No. of Cases outstanding at last day of previous month No. of Cases lodged during the month TOTAL OF (a) and (b) No. of cases disposed of summarily during the month (d) Name of Magistrate Trials with Counsel Trials inops consilli Hearings with counsel Hearings inopsconsili Total no. of cases disposed of TOTAL (e) No. of Cases un-disposed of at last day of the month TOTAL OF (c), (d) and (e) (f) No. of cases over 6 months old Return prepared by me Seen and transmitted (C.KEENOO) District Clerk This.. District Magistrate This

112 Mauritius Prisons Services forms and registers

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